UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
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`NOTICE OF RECEIPT OF COMPLAINT; SOLICITATION OF COMMENTS
`RELATING TO THE PUBLIC INTEREST
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`received a complaint entitled Certain IoT Devices and Components Thereof (IoT, The
`Internet of Things (Iot) – Web Applications Displayed on a Web Browser), DN 3263; the
`Commission is soliciting comments on any public interest issues raised by the complaint
`or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.
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`FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
`Commission, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C.
`20436, telephone (202) 205-2000. The public version of the complaint can be accessed
`on the Commission's Electronic Document Information System (EDIS) at
`https://edis.usitc.gov, and will be available for inspection during official business hours
`(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade
`Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000.
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`General information concerning the Commission may also be obtained by
`accessing its Internet server at United States International Trade Commission (USITC) at
`https://www.usitc.gov . The public record for this investigation may be viewed on the
`Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov.
`Hearing-impaired persons are advised that information on this matter can be obtained by
`contacting the Commission's TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
`a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure
`filed on behalf of Lakshmi Arunachalam, Ph.D. on October 3, 2017. The complaint
`alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
`importation into the United States, the sale for importation, and the sale within the United
`States after importation of certain IoT devices and components thereof (IoT, the Internet
`of Things (IoT) – web applications displayed on a web browser). The complaint names
`as respondents: International Business Machines Corporation of Armonk, NY; IBM India
`Pvt Ltd. of India; SAP America, Inc. of Newtown Square, PA; SAP SE – Walldorf of
`Germany; Apple Inc. of Cupertino, CA; JPMorgan Chase and Company of New York,
`NY; The United States Office of the Attorney General, U.S. Department of Justice of
`Washington, DC; U.S.; United States Patent and Trademark Office of Alexandria, VA;
`Patent Trial and Appeal Board, United States Patent and Trademark Office of Alexandria,
`VA; Facebook, Inc. of Menlo Park, CA; Microsoft Corporation of Redmond, WA;
`Samsung Electronics America, Inc. of Ridgefield Park, NJ; Samsung Electronics Co.,
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`Ltd. of Korea; Eclipse Foundation, Inc., and its Members of Canada; Fiserv Inc. of
`Brookfield, WI; Fiserv India Pvt. Ltd. of India; Wells Fargo Bank of San Francisco, CA;
`Citigroup, Citibank of New York, NY; Citizen's Financial Group, Inc. of Providence, RI;
`Fulton Financial Corporation of Lancaster, PA; J.C. Penny Corporation, Inc. and J.C.
`Penny Company, Inc. of Plano, TX; U-Haul International, Inc. of Phoenix, AZ; Avis
`Rent A Car System, LLC, Avis Budget Group, and Payless Car Rental of Parsippany,
`NJ; Hertz Global Holdings, Inc., The Hertz Corporation, Dollar Rent A Car, and Thrifty
`Car Rental of Estero, FL; Ace Rent A Car of Indianapolis, IN; Enterprise Holdings,
`Enterprise Rent-A-Car, National Car Rental, and Alamo Rent A Car of Clayton/St. Louis,
`MO; Presidio Bank of San Francisco, CA; Fremont Bancorporation and Fremont Bank of
`Fremont, CA; Heritage Bank of Commerce, and Focus Bank of San Jose, CA; and Bridge
`Bank of San Jose, CA.. The complainant requests that the Commission issue a limited
`exclusion, cease and desist orders, and impose a bond upon respondents’ alleged
`infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C.
`1337(j).
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`Proposed respondents, other interested parties, and members of the public are
`invited to file comments, not to exceed five (5) pages in length, inclusive of attachments,
`on any public interest issues raised by the complaint or § 210.8(b) filing. Comments
`should address whether issuance of the relief specifically requested by the complainant in
`this investigation would affect the public health and welfare in the United States,
`competitive conditions in the United States economy, the production of like or directly
`competitive articles in the United States, or United States consumers.
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`In particular, the Commission is interested in comments that:
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`(i)
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`explain how the articles potentially subject to the requested remedial
`orders are used in the United States;
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`identify any public health, safety, or welfare concerns in the United States
`relating to the requested remedial orders;
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`identify like or directly competitive articles that complainant, its licensees,
`or third parties make in the United States which could replace the subject
`articles if they were to be excluded;
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`indicate whether complainant, complainant's licensees, and/or third party
`suppliers have the capacity to replace the volume of articles potentially
`subject to the requested exclusion order and/or a cease and desist order
`within a commercially reasonable time; and
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`(ii)
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`(iii)
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`(iv)
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`explain how the requested remedial orders would impact United States
`consumers.
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`Written submissions must be filed no later than by close of business, eight
`calendar days after the date of publication of this notice in the Federal Register. There
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`t on the pubwill bbe further oppportunities ffor commen
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`final initial determmination in tthis investiggation.
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`lic interest aafter the issuuance of any
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`Persons fiiling writtenn submissionns must file thhe original ddocument eleectronically
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`nd submit 8 ated above andeadlines staon orr before the d
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`true paper ccopies to the
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`Secreetary by noonn the next daay pursuant to § 210.4(f)f) of the Commmission’s RRules of
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`Practtice and Proccedure (19 CCFR 210.4(f))). Submissiions should rrefer to the ddocket
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`numbber (“Dockett No. 3263”)) in a prominnent place onn the cover ppage and/or tthe first
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`page.. (See Handbbook for Elecctronic Filinng Procedurees, Electronicc Filing Proccedures1).
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`Persoons with questions regardding filing shhould contacct the Secrettary (202-2005-2000).
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`Any persoon desiring tto submit a ddocument to
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`the Commisssion in conffidence mus
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`requeest confidenttial treatmennt. All such rrequests shoould be direccted to the Seecretary to
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`the CCommission and must incclude a full sstatement off the reasons why the Coommission
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`shoulld grant suchh treatment. See 19 CFRR 201.6. Doccuments for r which confifidential
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`treatmment by the CCommissionn is properlyy sought will be treated aaccordingly.
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`requeests should bbe directed too the Secretaary to the Coommission aand must incllude a full
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`treatment. SSee 19 CFR
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`statemment of the rreasons whyy the Commission shouldd grant such
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`201.66. Documennts for whichh confidentiaal treatment bby the Commmission is prroperly
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`soughht will be treeated accordingly. All innformation,
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`including coonfidential bbusiness
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`informmation and ddocuments ffor which connfidential treeatment is prroperly sougght,
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`submmitted to the CCommissionn for purposees of this Invvestigation mmay be discloosed to and
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`used: (i) by the CCommissionn, its employeees and Offiices, and conntract personnnel (a) for
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`develloping or maaintaining thhe records of f this or a rel
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`ated proceedding, or (b) iin internal
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`invesstigations, auudits, reviewws, and evaluuations relatiing to the proograms, perssonnel, and
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`operaations of the Commissionn including uunder 5 U.S
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`.C. Appendiix 3; or (ii) bby U.S.
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`goverrnment emplloyees and ccontract perssonnel2, solelly for cyberssecurity purpposes. All
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`noncoonfidential wwritten submmissions will be availablee for public iinspection att the Office
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`of thee Secretary aand on EDISS3.
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`ction 337 of hority of secnder the authThis actioon is taken un
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`the Tariff AAct of 1930,
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`as ammended (19 UU.S.C. 1337)), and of §§ 201.10 and 2210.8(c) of tthe Commis
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`of Praactice and Procedure (199 CFR 201.110, 210.8(c))).
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`By order
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`sion's Rules
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`of the Commmission.
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`Issued: October 4, 2017
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`Lisa R. Bartrton
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`Secretary too the Commiission
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`1 Haandbook for EElectronic FFiling Proceddures:
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`https:://www.usitcc.gov/documents/handboook_on_filingg_procedurees.pdf
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`2 All contract perrsonnel will sign approprriate nondiscclosure agreeements.
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`3 Elecctronic Docuument Informmation Systeem (EDIS): hhttps://edis.uusitc.gov
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